F orm 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9566
SECOND DIVISION Docket No. 9484
2-SPT-EW-'83
The Second Division consisted of the regular members and in
addition Referee James F. Scearce when award was rendered.
( International Brotherhood of Electrical Workers
Parties to Dispute:
( Southern Pacific Transportation Company (Pacific Lines)
Dispute: Claim of Employes:
1. That under the current Agreement, Mechanical Department Electrician R. E.
Lewis was unjustly treated when he was dismissed from service on June
19, 1980, following investigation for alleged violation of portions of
Rule 810 of the General Rules and Regulations of the Southern Pacific
Transportation Company (Pacific Lines). Said alleged violation occurring
on April 28, 1980, from approximately 10:00 p.m. to 12:00.p.m.
2. That accordingly, the Southern Pacific Transportation Company (Pacific
Lines) be ordered to:
(a) Restore Electrician R. E. Lewis to service with all rights
unimpaired including service and seniority, loss of wages,
vacation, payment of hospital and medical insurance, group
° disability insurance, railroad retirement contributions, and
lo;s.s-of wages including interest at the rate of six percent
(6%) per annum.
Findings
The Second Division of the Adjustment Board, upon the whole record and all
the evidence, finds that:
The carrier or carriers and the employe or employes involved in this dispute
are respectively carrier and employe within the meaning of the Railway Labor Act
as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant was an electrician on the 3:30 a.m. - Midnight tour at the Carrier's
Sacramento, California Locomotive Works on the date of events germane to this
case -- April 28, 1980. On that date, Claimant had been assigned to repair
duties on a locomotive, but could not be found when his supervisor sought him
about 10:00 p.m. Other employes had to be assigned such duties. At Midnight,
when time cards were turned in, he still was not available and did not turn in
his time. A hearing was held June 2, 1980 and, as a result, the Claimant was
dismissed from service.
Without setting out details in that regard, suffice it to say that the manner
in which the charge was brought against the Claimant and the hearing was conducted
Form 1
Page 2
Award No. 9566
Docket No.
9484
2-SPT-EW-183
were worthy of complaint. It is also noted that the Claimant's prior record of
discipline was :tot the subject of review at the hearing but was raised in
conjunction with the assessment of discipline in this case. There is sufficient
evidence to support a substantial disciplinary action against the Claimant, but
we conclude that the extent issued was excessive given the aforementioned shortcomings in its execution. We remind the Carrier that the burden rests with it
in a case such as this. Award is ordered accordingly.
A W A R D
Tine Claimant will be offered an opportunity to return to work immediately;
the Carrier may require a return-to-duty fitness examination at its own expense
if deemed necessary. The Claimant shall be made whole for lost wages at the
appropriate straight-time rate for one year preceding his return to duty, less
offsets of any and all compensation he may have received for that period. He is
to make available to the Carrier any and all records of earnings in that regard
and is put on notice that his failure to fully disclose such earnings or his
refusal to do so could result in his termination. His seniority shall be
reinstated intact.
NATIONAL RAIIROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By.
osemarie Brasch - Administrative Assistant
;Dat Yat Chicago, Illinois, this 13th day of July, 1983.